[Federal Register Volume 75, Number 71 (Wednesday, April 14, 2010)]
[Rules and Regulations]
[Pages 19201-19203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8184]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1231; Directorate Identifier 2009-NM-212-AD; 
Amendment 39-16261; AD 2010-08-06]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 Airplanes; and Model ERJ 190-100 STD, -100 LR, 
-100 IGW, -200 STD, -200 LR, and -200 IGW Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    It has been found the possibility of missing points of sealant 
application on the vapor barrier assembly in the wing stub rear box. 
In the event of fuel tank leak in this region associated with an 
unsealed vapor barrier assembly, migration of flammable vapors and 
fluids to middle electronic bay may occur, which then could lead to 
an uncontained fire event if the flammable vapors finds an ignition 
source.
* * * * *

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective May 19, 2010.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of May 19, 2010.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Kenny Kaulia, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2848; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on January 5, 2010 (75 
FR 260). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found the possibility of missing points of sealant 
application on the vapor barrier assembly in the wing stub rear box. 
In the event of fuel tank leak in this region associated with an 
unsealed vapor barrier assembly, migration of flammable vapors and 
fluids to middle electronic bay may occur, which then could lead to 
an uncontained fire event if the flammable vapors finds an ignition 
source.
* * * * *

The required actions include a detailed inspection for gaps, voids, or 
holes in the sealant. Corrective actions include applying sealant into 
any gaps, voids, or holes. You may obtain further

[[Page 19202]]

information by examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the single comment received.

Request To Change Paragraph Reference

    The manufacturer, EMBRAER, requests that we revise paragraph (g)(3) 
of the NPRM to refer to the inspection specified in paragraph (g)(1) of 
the NPRM rather than paragraph (f)(1) as stated in the NPRM, because 
the inspection is required by paragraph (g)(1) of the NPRM.
    We agree to revise paragraph (g)(3) of the AD to refer to paragraph 
(g)(1) of the AD. Paragraph (f)(1) of this AD does not exist and 
paragraph (f) has no inspection requirement; paragraph (g)(1) of this 
AD contains the AD's only inspection requirement. We have changed 
paragraph (g)(3) of the AD accordingly.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD with the change described previously. We determined that this change 
will not increase the economic burden on any operator or increase the 
scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Explanation of Change to Costs of Compliance

    Since issuance of the NPRM, we have increased the labor rate used 
in the Costs of Compliance from $80 per work-hour to $85 per work-hour. 
The Costs of Compliance information, below, reflects this increase in 
the specified hourly labor rate.

Costs of Compliance

    We estimate that this AD will affect about 197 products of U.S. 
registry. We also estimate that it will take about 5 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this AD to the U.S. operators to be $83,725, or $425 per 
product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-08-06 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16261. Docket No. FAA-2009-1231; Directorate Identifier 
2009-NM-212-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective May 19, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in paragraphs 
(c)(1) and (c)(2) of this AD; certificated in any category.
    (1) Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 
170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 
SU airplanes, serial numbers 17000002, 17000004 through 17000013 
inclusive, and 17000015 through 17000235 inclusive.
    (2) Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 
190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW 
airplanes, serial numbers 19000002, 19000004, 19000006 through 
19000108 inclusive, 19000110 through 19000139 inclusive, 19000141 
through 19000158 inclusive, 19000160 through 19000176 inclusive, 
19000178 through 19000202 inclusive, 19000204 through 19000213 
inclusive, and 19000215.

Subject

    (d) Air Transport Association (ATA) of America Code 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    It has been found the possibility of missing points of sealant 
application on the vapor

[[Page 19203]]

barrier assembly in the wing stub rear box. In the event of fuel 
tank leak in this region associated with an unsealed vapor barrier 
assembly, migration of flammable vapors and fluids to middle 
electronic bay may occur, which then could lead to an uncontained 
fire event if the flammable vapors finds an ignition source.
* * * * *
The required actions include a detailed inspection for gaps, voids, 
or holes in the sealant. Corrective actions include applying sealant 
into any gaps, voids, or holes.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Unless already done, do the following actions.
    (1) Within 6,000 flight hours or 24 months after the effective 
date of this AD, whichever occurs first, do a detailed inspection of 
the vapor barrier assembly in the wing stub rear box for missing 
sealant which forms gaps, voids or holes, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 170-57-0036, 
dated March 13, 2009 (for Model ERJ 170-100 LR, -100 STD, -100 SE, -
100 SU, -200 LR, -200 STD, and -200 SU airplanes); or EMBRAER 
Service Bulletin 190-57-0027, dated March 18, 2009 (for Model ERJ 
190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW 
airplanes).

    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate access procedures may be required.''

    (2) If the vapor barrier sealant is found to be correctly 
applied in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 170-57-0036, dated March 13, 2009 (for 
Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD, 
and -200 SU airplanes); or EMBRAER Service Bulletin 190-57-0027, 
dated March 18, 2009 (for Model ERJ 190-100 STD, -100 LR, -100 IGW, 
-200 STD, -200 LR, and -200 IGW airplanes); no further action is 
required by this AD.
    (3) If any vapor barrier sealant is found missing (gaps, voids 
or holes) during the inspection required by paragraph (g)(1) of this 
AD, before further flight apply sealant into the applicable gaps, 
voids, and holes, in accordance with the Accomplishment Instructions 
of EMBRAER Service Bulletin 170-57-0036, dated March 13, 2009 (for 
Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD, 
and -200 SU airplanes); or EMBRAER Service Bulletin 190-57-0027, 
dated March 18, 2009 (for Model ERJ 190-100 STD, -100 LR, -100 IGW, 
-200 STD, -200 LR, and -200 IGW airplanes).

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: 
Kenny Kaulia, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-2848; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.

Related Information

    (i) Refer to MCAI Brazilian Airworthiness Directives 2009-07-01 
and 2009-07-02, both effective July 13, 2009; EMBRAER Service 
Bulletin 170-57-0036, dated March 13, 2009; and EMBRAER Service 
Bulletin 190-57-0027, dated March 18, 2009; for related information.

Material Incorporated by Reference

    (j) You must use EMBRAER Service Bulletin 170-57-0036, dated 
March 13, 2009; or EMBRAER Service Bulletin 190-57-0027, dated March 
18, 2009; as applicable; to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone: 
+55 12 3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail: 
[email protected]; Internet: http://www.flyembraer.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on April 1, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-8184 Filed 4-13-10; 8:45 am]
BILLING CODE 4910-13-P